Goodin said Rutherford was in a white pickup truck when he engaged in conversation with an undercover male police officer at Hamel's Park. Rutherford reportedly asked the officer if he was looking for a place to urinate, which led to a conversation between the officer and Rutherford.

According to Goodin, the officer walked away only to be followed by Rutherford who then began to engage in a conversation again. Police reports indicate that at that point, Rutherford whipped out his penis and began stroking it.

The undercover officer gave other officers the take down signal to make the arrest and Rutherford was arrested without further incident. He was transported to the City Jail and then to the Caddo Correctional Center where he was booked on a charge of obscenity.

Goodin says Vice officers were working the park in response to citizen complaints and due to the fact that the park has in the past been used for obscene illegal activities in public.